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SECTION 1. Subtitle C, Title
4, Special District Local Laws Code, is amended by adding Chapter 3795 to
read as follows:
CHAPTER 3795. LIBERTY
COUNTY MUNICIPAL MANAGEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 3795.001.
DEFINITIONS.
Sec. 3795.002. CREATION
AND NATURE OF DISTRICT.
Sec. 3795.003. PURPOSE;
LEGISLATIVE FINDINGS.
Sec. 3795.004. FINDINGS
OF BENEFIT AND PUBLIC PURPOSE.
Sec. 3795.005. INITIAL
DISTRICT TERRITORY. (a) The district is initially composed of the
territory described by Section 2 of the Act enacting this chapter.
(b) The boundaries and
field notes contained in Section 2 of the Act enacting this chapter form a
closure. A mistake in the field notes or in copying the field notes in the
legislative process does not affect the district's:
(1) organization,
existence, or validity;
(2) right to contract;
(3) authority to borrow
money or issue bonds or other obligations described by Section 3795.204 or
to pay the principal and interest of the bonds or other obligations;
(4) right to impose or
collect an assessment or collect other revenue; or
(5) legality or
operation.
Sec. 3795.006.
APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICT LAW.
Sec. 3795.007.
CONSTRUCTION OF CHAPTER.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 3795.051. GOVERNING
BODY; TERMS.
Sec. 3795.052.
APPOINTMENT OF DIRECTORS.
Sec. 3795.053. VACANCY.
Sec. 3795.054.
COMPENSATION; EXPENSES.
Sec. 3795.055. INITIAL
DIRECTORS. (a) The initial board consists of:
Pos. No. Name of Director
1William Harris III
2Damaris Watson
3Brent A. Lane
4Clifton C. Cadle
5Savannah Crihfield
(b) The terms of the
initial directors expire June 1, 2019.
(c) Of the directors who
replace an initial director, the terms of directors serving in positions 1 through 3 expire June 1, 2021, and
the terms of directors serving in
positions 4 and 5 expire June 1, 2023.
(d) Section 3795.052 does
not apply to initial directors under this section.
(e) This section expires
September 1, 2023.
SUBCHAPTER C. POWERS AND
DUTIES
SUBCHAPTER D. GENERAL
FINANCIAL PROVISIONS
SUBCHAPTER E. TAXES AND
BONDS
Sec. 3795.201. ELECTIONS
REGARDING TAXES AND BONDS.
Sec. 3795.202. OPERATION
AND MAINTENANCE TAX.
Sec. 3795.203. SALES AND
USE TAX.
Sec. 3795.204. AUTHORITY
TO BORROW MONEY AND TO ISSUE BONDS AND OTHER OBLIGATIONS.
Sec. 3795.205. TAXES FOR
BONDS.
Sec. 3795.206. BONDS FOR
ROAD PROJECTS.
SUBCHAPTER F. SPECIAL
BOND PROVISIONS
Sec. 3795.251.
APPLICABILITY.
Sec. 3795.252. CONFLICT
OF LAWS.
Sec. 3795.253. WRITTEN
AGREEMENT REGARDING SPECIAL APPRAISALS. Before
an election may be held on the question of issuing bonds, including an
election that combines the question of confirming the creation of the
district with the question of authorizing the district to issue bonds, the
district and any person to whom the board intends that proceeds of the
bonds be distributed, including the developer, another owner of land in the
district, and any entity acting as a lender to the developer or other
landowner for the purpose of a project relating to the district, must enter
into a written agreement that:
(1) waives for the term
of the agreement the right to a special appraisal with respect to taxation
by the district under Subchapters B, C, D, E, F, and H, Chapter 23, Tax
Code; and
(2) remains in effect for
30 years and is binding on the parties, on entities related to or
affiliated with the parties, and on their successors and assignees.
Sec. 3795.254.
REQUIREMENTS FOR ADVERTISING BOND ISSUE. A district may not advertise for
an issuance of bonds until the completion of at least 25 percent of the
projected value of the improvements, including houses and other buildings,
that are liable for district assessments and necessary to support the
district bonds.
Sec. 3795.255.
REQUIREMENTS FOR BOND ISSUE.
Sec. 3795.256.
REQUIREMENTS FOR COLLECTION OF REVENUE TO PAY BONDS. The district may not
collect an assessment to be used for the payment of bonds until:
(1) the completion of at
least 95 percent of the underground water, wastewater, and drainage
facilities financed from bond proceeds that are necessary to serve the
projected build-out, as certified by the district's engineer;
(2) the district or other
appropriate party has secured the groundwater, surface water, and water
discharge permits that are necessary to secure capacity to support the
projected build-out;
(3) the completion of at
least 95 percent of lift station, water plant, and sewage treatment plant
capacity sufficient to serve the connections constructed in the project for
a period of not less than 18 months, as certified by the district's
engineer; and
(4) the completion of at
least 95 percent of the streets and roads that are necessary to provide
access to the areas served by utilities and financed by the proceeds of
bonds issued by the district, as certified by the district's engineer and
constructed in accordance with municipal or county standards.
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SECTION 1. Subtitle C, Title
4, Special District Local Laws Code, is amended by adding Chapter 3795 to
read as follows:
CHAPTER 3795. LIBERTY
COUNTY MUNICIPAL MANAGEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 3795.001.
DEFINITIONS.
Sec. 3795.002. CREATION
AND NATURE OF DISTRICT.
Sec. 3795.003. PURPOSE;
LEGISLATIVE FINDINGS.
Sec. 3795.004. FINDINGS
OF BENEFIT AND PUBLIC PURPOSE.
Sec. 3795.005. INITIAL
DISTRICT TERRITORY. (a) The district is initially composed of the
territory described by Section 2 of the Act enacting this chapter.
(b) The boundaries and
field notes contained in Section 2 of the Act enacting this chapter form a
closure. A mistake in the field notes or in copying the field notes in the
legislative process does not affect the district's:
(1) organization,
existence, or validity;
(2) right to contract;
(3) authority to borrow
money or issue bonds or other obligations described by Section 3795.205 or
to pay the principal and interest of the bonds or other obligations;
(4) right to impose or
collect an assessment or collect other revenue; or
(5) legality or
operation.
Sec. 3795.006.
APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICT LAW.
Sec. 3795.007.
CONSTRUCTION OF CHAPTER.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 3795.051. GOVERNING
BODY; TERMS.
Sec. 3795.052.
APPOINTMENT OF DIRECTORS.
Sec. 3795.053. VACANCY.
Sec. 3795.054.
COMPENSATION; EXPENSES.
Sec. 3795.055. INITIAL
DIRECTORS. (a) The initial board consists of:
(1) two directors appointed by the Cleveland Independent School
District;
(2) two directors appointed by the county commissioners court;
and
(3) one director appointed by the person who owns the largest
portion of the assessed value of the real property in the district.
(b) The terms of the
initial directors expire June 1, 2019.
(c) Of the directors who
replace an initial director, the terms of three
directors must expire June 1,
2021, and the terms of two
directors must expire June 1,
2023.
(d) Section 3795.052 does
not apply to initial directors under this section.
(e) This section expires
September 1, 2023.
SUBCHAPTER C. POWERS AND
DUTIES
SUBCHAPTER D. GENERAL
FINANCIAL PROVISIONS
SUBCHAPTER E. TAXES AND
BONDS
Sec. 3795.201. ELECTIONS
REGARDING TAXES AND BONDS.
Sec. 3795.202. AGREEMENT REQUIRED FOR BONDS. Before the
district may issue bonds, the district must enter into an agreement with a
developer of land in the district, the Cleveland Independent School
District, and Liberty County for the transfer of land for use as the sites
of facilities for the school district and for emergency services.
Sec. 3795.203. OPERATION
AND MAINTENANCE TAX.
Sec. 3795.204. SALES AND
USE TAX.
Sec. 3795.205. AUTHORITY
TO BORROW MONEY AND TO ISSUE BONDS AND OTHER OBLIGATIONS.
Sec. 3795.206. TAXES FOR
BONDS.
Sec. 3795.207. BONDS FOR
ROAD PROJECTS.
SUBCHAPTER Z. SPECIAL
BOND PROVISIONS
Sec. 3795.901.
APPLICABILITY.
Sec. 3795.902. CONFLICT
OF LAWS.
Sec. 3795.903. WRITTEN
AGREEMENT REGARDING SPECIAL APPRAISALS. Before
the district may issue bonds, the district and any person to whom the board
intends that proceeds of the bonds be distributed, including a developer of
or owner of land in the district and any entity acting as a lender to a
developer of or owner of land in the district for the purpose of a project
relating to the district, must enter into a written agreement that:
(1) waives for the term
of the agreement the right to a special appraisal with respect to taxation
by the district under Subchapters B, C, D, E, F, and H, Chapter 23, Tax
Code; and
(2) remains in effect for
30 years and is binding on the parties, on entities related to or
affiliated with the parties, and on their successors and assignees.
Sec. 3795.904.
REQUIREMENTS FOR ADVERTISING BOND ISSUE. The district may not advertise
for an issuance of bonds until the completion of at least 25 percent of the
projected value of the improvements, including houses and other buildings,
that are liable for district assessments and necessary to support the district
bonds.
Sec. 3795.905.
REQUIREMENTS FOR BOND ISSUE.
Sec. 3795.906.
REQUIREMENTS FOR COLLECTION OF REVENUE TO PAY BONDS. The district may not
collect an assessment to be used for the payment of bonds until:
(1) the completion of at
least 95 percent of the underground water, wastewater, and drainage
facilities financed from bond proceeds that are necessary to serve the
projected build-out, as certified by the district's engineer;
(2) the district or other
appropriate party has secured the groundwater, surface water, and water
discharge permits that are necessary to secure capacity to support the
projected build-out;
(3) the completion of at
least 95 percent of lift station, water plant, and sewage treatment plant
capacity sufficient to serve the connections constructed in the project for
a period of not less than 18 months, as certified by the district's
engineer; and
(4) the completion of at
least 95 percent of the streets and roads that are necessary to provide
access to the areas served by utilities and financed by the proceeds of
bonds issued by the district, as certified by the district's engineer and
constructed in accordance with city or county standards.
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